Legal Question in Credit and Debt Law in Massachusetts
behind on car loan
my boyfriends behind on the car loan by two months. I'm not a co-signer nor am I on the loan at all. I'm getting calls saying that were are both in contempt of court and there are sherrifs looking for us. These people even called my grandfathers house.
3 Answers from Attorneys
: behind on car loan
Get the caller's name and telephone number, and then demand that all future contacts be maid by mail.
Do not talk or discuss this with them. Let you boyfriend deal with this.
ok?
Re: behind on car loan
The creditor may be in violation of certain fair debt collection laws, for which there are penalties.
For you to be in contempt of court, however, there must be some sort of order or judgment. Did the creditor obtain a default judgment against your boyfriend? This is not likely if he is only two months behind in payments.
Creditors will also use ANY means to scare people into believing that they are at risk of punishment or contempt of court, etc., - even if it is not true.
Re: behind on car loan
With respect to your potential issues,the statute with the most "bite" is the Fair Debt Collection Practices Act, which governs the conduct of consumer debt collectors ( as defined under the statute) nationwide. This statute prohibits unfair, deceptive, false, abusive and harassing conduct by debt collectors in the performance of their duties. Violations of this statute entitle the consumer debtor to bring an action against the debt collector for actual and statutory damages, costs and attorney fees.